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20121202
20121210
Search Results 0 to 3 of about 4 (some duplicates have been removed)
with the prop 8 case. the doma case is slightly different for reasons we can go into. but many of us thought the prop 8 case it's going to go back. it's going to be legal in california but nowhere else and the court is going to wait another ten years. then wash out the outliers like intraracial marriage did. >> so what are the implications -- the differing implications of how they could rule? what different parts of the gay marriage question could they resolve? >> the doma case is a much more easy case. it's a much more challenge. all it does is to return congress to its original position of following whatever states' definition of marriage are. in some ways it was crafted, it's a movement. they tend to be pro-state's rights and the liberals are pro gay, so essentially toward the middle, these are justice kennedy's favorite things. that's clearly a fifth vote for this case. we assume. so i think everyone imagined everyone since appellate court struck down the congressional statute that invariably leads the supreme court to review the case. everyone thought they would take the case. i think t
or doma. the cases aren't expected to be decided until next june, the fact that they're weighing in on the debate will have a national effect. back at the table. kenji yoshino. donna edwards, bob herbert and joining us is ray kerry. the executive director of the guy and lesbian task force. i'm going to you kenji, you're always here to set my constitutional framework for me. it's going to be two cases, right? what's at issue in the two separate cases. >> i should do them in the order you presented them. the prop 8 case is about a state ban on same-sex marriage. so there are equal protection and due process challenges. what that means is, this violates the fundamental right of fairness of streeting gay and straight couples the same. you're denying us the fundamental right to marriage. there's a quality component and a rights component to it. if the supreme court goes big on that case, it could guarantee same-sex marriage as a law of the land. flipping the 41 states that currently don't have it and requiring them to have it. i don't think that's going to happen. on the other hand, i
the federal defense of marriage act, or d doma, and another involving california's proposition 8, banning same-sex marriages in that state. for analysis into these historic cases, what's going to be a historic hearing, i want to bring in kinji yoshityoshito, professor of constitutional law at new york city. great to see you. >> good to see you. >> put prop 8 aside for a second. do you believe that the supreme court will strike down doma. this is what what you've said. walk me through your thinking on that one. >> y bet. so doma is a really narrow challenge insofar as what the statute does is it says for federal purposes marriages are defined between one man and one woman. so i think it might be best to clarify this by example. so you take edie windsor, a plaintiff coming out of new york who's going to be the plaintiff in this case. she was with another woman for 40 years. they got married in 2007. when her partner passed away, her wife passed away, for state purposes, in the eyes of new york state, she was next of kin. so her remains were released to edie. but for federal purposes, they were c
Search Results 0 to 3 of about 4 (some duplicates have been removed)